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Keywords

lawsuitplaintiffinjunctionappealmotionregulationappellee

appealtrialappellee

Related Cases

Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747, 106 S.Ct. 2169, 90 L.Ed.2d 779, 54 USLW 4618

Facts

The plaintiffs, including the American College of Obstetricians and Gynecologists and various physicians, filed a lawsuit against the Pennsylvania Abortion Control Act of 1982, claiming it violated the Federal Constitution. They sought declaratory and injunctive relief after the District Court denied their motion for a preliminary injunction, except for one provision. The Court of Appeals later enjoined the enforcement of the entire Act, ruling that several provisions were unconstitutional based on prior Supreme Court decisions.

Appellees brought an action in Federal District Court alleging that the Pennsylvania Abortion Control Act of 1982 violated the Federal Constitution and seeking declaratory and injunctive relief.

Issue

The main legal issues were whether the provisions of the Pennsylvania Abortion Control Act violated constitutional rights, particularly concerning informed consent and the state's ability to regulate abortion.

The States are not free, under the guise of protecting maternal health or potential life, to intimidate women into continuing pregnancies.

Rule

The court applied constitutional principles established in prior cases, particularly regarding the right to privacy and the limits of state regulation in matters of abortion.

The validity of an informed consent requirement thus rests on the State's interest in protecting the health of the pregnant woman.

Analysis

The court found that the provisions of the Pennsylvania Act that were struck down were unconstitutional as they imposed undue burdens on a woman's right to choose an abortion. The requirements for informed consent were deemed to discourage abortion rather than inform the decision-making process, thus infringing on the constitutional rights of women.

The printed materials required by §§ 3205 and 3208 seem to us to be nothing less than an outright attempt to wedge the Commonwealth's message discouraging abortion into the privacy of the informed-consent dialogue between the woman and her physician.

Conclusion

The Supreme Court affirmed the Court of Appeals' ruling that several provisions of the Pennsylvania Abortion Control Act were unconstitutional.

The court held that the validity of other provisions of the Act might depend on evidence adduced at the trial and accordingly remanded these features of the case to the District Court.

Who won?

The appellees (plaintiffs) prevailed in the case as the court found the provisions of the Pennsylvania Abortion Control Act unconstitutional, thus upholding their challenge against the Act.

The Court of Appeals held unconstitutional several provisions of Pennsylvania's current Abortion Control Act.

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